37 results for 'judge:"Oliver"'.
J. Oliver finds that the trial court properly terminated a father's parental rights, and he failed to show the ruling was because counsel had been ineffective. He never provided a home for his daughter or had custody prior to her mother's death, and he did not follow court orders to develop a relationship with her. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: May 2, 2024, Case #: 20230486-CA, Categories: Family Law
J. Oliver finds that defendant's behavior was not required to hold a sua sponte hearing to evaluate defendant's competence to stand trial for sexual abuse of a child. His remarks about his medical conditions did not require a hearing, and counsel assured the trial court that he comprehended events and could aid in his defense. Also, counsel was not deficient for seeking testimony about the victim's truthfulness since defendant admitted to the abuse in recorded interviews. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: May 2, 2024, Case #: 20220407-CA, Categories: Competence, Ineffective Assistance, Sex Offender
J. Oliver grants the employer's motion to dismiss, ruling the employee failed to establish a prima facie case for either disparate treatment or hostile work environment. She did not suffer an adverse employment action, but rather resigned of her own accord. The employee was not demoted or fired, and although she claims her resignation was a constructive discharge, the coworker who harassed her repeatedly was not working for the employer at the time and, therefore, she cannot satisfy pleading requirements.
Court: USDC Connecticut, Judge: Oliver, Filed On: April 30, 2024, Case #: 3:23cv1069, NOS: Employment - Civil Rights, Categories: Employment, Evidence
J. Oliver grants FedEx's motion for summary judgment, ruling the employee's hostile work environment claims were filed outside the statute of limitations and, therefore, must be dismissed as untimely. Meanwhile, because the employee failed to cite any similarly situated employees as comparators for his age and race retaliation claims, those fail as a matter of law and the lawsuit will be dismissed in its entirety.
Court: USDC Connecticut, Judge: Oliver, Filed On: April 25, 2024, Case #: 3:22cv1472, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Employment Discrimination
J. Oliver grants the hydration patch manufacturer's motion for summary judgment, ruling the patch developer's contract and fraud claims fail because it never made a purchase order under the parties' supply agreement that would have required the manufacturer to produce the patches, while the manufacturer also never signed the agreement, which renders it void.
Court: USDC Connecticut, Judge: Oliver, Filed On: April 23, 2024, Case #: 3:22cv618, NOS: Other Contract - Contract, Categories: Evidence, Contract
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J. Oliver grants, in part, the insurer's motion to dismiss, ruling the union's fiduciary duty claims fail. The alleged increased rates charged by the insurer were determined by the parties' contractual agreements and involved no discretion on the part of the insurer.
Court: USDC Connecticut, Judge: Oliver, Filed On: April 22, 2024, Case #: 3:22cv1541, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Labor / Unions
J. Oliver finds that the trial court should have dismissed felony aggravated assault charges against defendant for a domestic violence incident with his brother-in-law on double jeopardy grounds. After the first day of trial the initial judge realized he was defendant's distant relative through marriage, so the presiding judge of the district recused him. The initial judge then discharged the jury and declared a mistrial. But since the initial judge had been disqualified, and he failed to provide the parties an opportunity to object to jury discharge as required under the legal necessity exception to double jeopardy, those acts were taken without authority and the mistrial functioned as an acquittal. Where a judge is disqualified after a trial has begun, either the reviewing judge or the newly assigned judge must first address whether to declare a mistrial and then decide whether the discharge the jury. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: April 4, 2024, Case #: 20221076-CA, Categories: Criminal Procedure, Double Jeopardy, Domestic Violence
J. Oliver grants an employee’s motion for attorney fees and costs related to a case in which the court found that the employer failed to pay workers minimum and overtime wages and awarded the employee $13,000 in damages. The employer claimed that the employee’s requested attorney fees of $115,000 are disproportionate to the damages. The judge determined that not all the billed attorney hours were reasonable and reduced the fees to $80,000, but declined to reduce the fees based on damages, as unfair attorney compensation may lead to reduced attorney participation in cases that involve lower recovery.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: March 22, 2024, Case #: 1:19cv2549, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Attorney Fees
J. Oliver denies, in part, the insurance company's motion to dismiss, ruling the lead plaintiff has standing to pursue damages for disparate treatment under the Affordable Care Act despite no longer being a member of the insurance plan. The previous denials of benefits for artificial insemination procedures are traceable to the insurer and can be redressed through damages. However, because the lead plaintiff will not suffer future harm as a result of her leaving the plan, she cannot seek prospective relief through a declaratory judgment, and that portion of her complaint will be dismissed.
Court: USDC Connecticut, Judge: Oliver, Filed On: March 12, 2024, Case #: 3:22cv229, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Insurance, Class Action
J. Oliver holds that the trial court conducted its three-step alimony analysis in the wrong order, and ended up awarding more than double the needed monthly amount. On remand, it must consider the parties' needs and their marital standard of living as the first step in the three-part analysis, followed by a determination of the receiving spouse's needs and income and then of the payor's needs and income. Vacated.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: March 7, 2024, Case #: 20220697-CA, Categories: Family Law
J. Oliver finds the district court properly dismissed this trust promissory estoppel claim brought by a son against his father’s estate. The son alleges his father verbally agreed to leave the ranch to him, but in the will, it was left to the father’s grandsons. He fails to meet the burden of proof because the evidence of detrimental reliance was insufficient, and the court could not find an equitable remedy. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: February 26, 2024, Case #: 20210415-CA, Categories: Evidence, Property, Trusts
J. Oliver grants the employer's motion for summary judgment, ruling that because the shoulder and neck injuries cited by the employee were temporary and did not substantially limit his ability to work, he is not considered disabled under the Americans with Disabilities Act. Furthermore, the Family and Medical Leave Act claims also fail because the employee was granted several leaves of absence and any alleged misconduct on the part of the employer took place after his FMLA leave had been exhausted.
Court: USDC Connecticut, Judge: Oliver, Filed On: February 23, 2024, Case #: 3:21cv948, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Oliver grants the photographer's motion for summary judgment, ruling the school photography company cannot pursue actual damages for his solicitation of customers because it failed to submit the profit-and-loss statement during the discovery period, but waited until the summary judgment stage, which renders the evidence inadmissible. Meanwhile, the photography company's motion for summary judgment on the photographer's counterclaims will also be granted because the employment contract between the parties allowed the company to unilaterally change the photographer's compensation structure and prevents him from seeking unpaid commissions.
Court: USDC Connecticut, Judge: Oliver, Filed On: February 23, 2024, Case #: 3:21cv666, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Oliver denies, in part, the employer's motion to dismiss, ruling the employee's hostile work environment claim is not time-barred. The final act included under that claim - a coworker's invite to the beach so he could take pictures of her - occurred within 300 days of the filing the employee's initial claim. Meanwhile, the alleged repeated propositions for sex made by several employees, none of which were responded to by the employer with disciplinary action, are sufficient to support the employee's hostile work environment claim.
Court: USDC Connecticut, Judge: Oliver, Filed On: February 12, 2024, Case #: 3:22cv882, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Retaliation
J. Oliver grants the employer's motion for summary judgment, ruling the female vice president cannot establish a prima facie case for sex discrimination. None of the male vice presidents she names as comparators decided to take an international vacation immediately after Covid-19 was declared a pandemic and shortly after other disciplinary issues; therefore, the male comparators are not similarly situated.
Court: USDC Connecticut, Judge: Oliver, Filed On: February 8, 2024, Case #: 3:21cv770, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination
J. Oliver finds that the trial court's colloquy with defendant before he was allowed to represent himself on failure to stop, reckless driving and drug possession charges was inadequate to support a valid waiver of counsel. The record shows he did not recognize the nature of the charges and repeatedly stated his belief that he saw the trial solely as a way to tell his story. Vacated.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: January 5, 2024, Case #: 20220208-CA, Categories: Drug Offender, Self Representation
J. Oliver finds that the trial court properly determined that claim preclusion barred quiet title and unjust enrichment claims brought by a debtor facing foreclosure. His claims were based on the same transaction underlying earlier litigation that ended in dismissal. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: January 5, 2024, Case #: 20220434-CA, Categories: Property, Banking / Lending
J. Oliver grants the debt collector's motion for summary judgment, ruling that while the Fair Debt Collection Practices Act allows claims related to rental properties, the renter's sole federal claim is not viable because he did not make any payments based on the allegedly misleading collection notices; therefore, this court lacks jurisdiction over the case.
Court: USDC Connecticut, Judge: Oliver, Filed On: January 2, 2024, Case #: 3:19cv1191, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Jurisdiction
J. Sorenson finds that the trial court properly refused to bifurcate defendant's trial on a weapon charge from the determination of whether he was a restricted person since both issues were inextricably related. A mistrial was unnecessary after counsel impeached a witness's testimony. Counsel was not deficient for deciding not to object to an officer's claim that folding knives and a hatchet found in defendant's car were dangerous weapons. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: December 29, 2023, Case #: 20210884-CA, Categories: Criminal Procedure, Probation, Weapons
J. Oliver finds that administrative agencies were within their discretion and supported by evidence in firing a youth corrections counselor for using excessive force. The sanction was not entirely consistent with other agency actions, but the decision was fairly and rationally based on his use of an unapproved reverse-gooseneck hold on a detainee that resulted in a serious injury. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: December 21, 2023, Case #: 20220365-CA, Categories: Employment
J. Oliver finds that evidence of text messages related to drug use were properly admitted in a trial that led to defendant's negligent homicide conviction because they showed he knew the risks of impaired driving. Also, an Allen charge encouraging the jury to come to a verdict did not ask jurors to abandon independent judgment, and sufficient evidence of impairment from oxycodone was presented. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: December 21, 2023, Case #: 20220182-CA, Categories: Evidence, Dui, Vehicular Homicide
J. Oliver grants a lender dismissal because the borrower's prior suit, which contains nearly identical allegations and relates to the same mortgage loan, remains pending before the court.
Court: USDC Connecticut, Judge: Oliver, Filed On: December 7, 2023, Case #: 3:21cv609, NOS: Consumer Credit - Other Suits, Categories: Civil Procedure, Debt Collection, Consumer Law
J. Oliver finds that substantial evidence supported the lower courts' award of medical expenses to an injured worker, along with temporary total disability compensation. The worker's claim that the medical panel was biased is too late, and the administrative law judge's evidentiary rulings were not an abuse of discretion.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: November 2, 2023, Case #: 20220342-CA, Categories: Workers' Compensation
J. Oliver finds that the lower court should not have granted partial summary judgment to the owners of lots in a subdivision who are unhappy with their allotted water usage and say they are owed a secondary water system in addition to private wells. The county code does not require this. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: October 5, 2023, Case #: 20220556-CA, Categories: Property, Water
J. Oliver grants the black homeowners' motion for class certification, ruling that while there are not specific numbers in the water shutoff class, the numbers provided for the lien class allow the court to make common sense assumptions about its size, which meets numerosity requirements. Additionally, all of the claims center on one of three actions - the filing of a lien by the city, the shutoff of water service or excessively high billing - and, therefore, commonality requirements are satisfied.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: September 29, 2023, Case #: 1:19cv2911, NOS: Housing/Accommodations - Civil Rights, Categories: Government, Water, Class Action
J. Oliver finds that the trial court properly sanctioned a husband for failing to timely disclose his trial exhibits by excluding some of them, and it rightly found he failed to show that his wife had dissipated the marital estate. The division of marital property was correct except the trial court must revisit the husband's claim that money he withdrew from a joint account was for marital purposes to make findings about how it was spent. Vacated in part.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: September 28, 2023, Case #: 20210713-CA, Categories: Family Law, Sanctions, Discovery
J. Oliver finds that the trial court rightly refused to set aside a $529,000 default judgment in a contract case. Defendant's employee's decision to treat an email from its registered agent as spam was not inadvertence or excusable neglect and defendant failed to show it had exercised due diligence. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: September 28, 2023, Case #: 20220666-CA, Categories: Contract
J. Camara holds that the trial court erred in arresting judgment after entering a first-degree aggravated kidnapping conviction, which relied on a finding of risk of bodily injury. The jury had relied on sufficient evidence that the victim faced a risk of bodily injury to support the conviction. Defendant dragged her across several lanes of a busy street at night as she struggled to escape, even if he waited for cars to pass. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: September 21, 2023, Case #: 20210668-CA, Categories: Kidnapping